Tuesday 3rd September 1901
Court opened at 10 am.
Present – A McKay – Judge Te Whatahoro – Assessor
Panui of cases called on for hearing
Mr A.S.D. Fraser – appeared for the applicants
It was agreed to postpone the application to appoint successors to Mere Taki till the other applications had been disposed of.
No. 11 – Te Piripiri
Application to succeed to Hori Herehere
Tungane Hori - applicant called and sworn. Hori Herehere died at Kai 2/ paid – took on the 1st November 1900. Left 3 children. Did not leave a will.
Tungane Hori – f Waiti Hori Haera – f Paranihia Hori – f
Waiti Hori asked that her son Hori Haera who was about 20 years old should be added as a successor to his grandfather. The court pointed out that the addition would be made conditionally that Hori Haera shared with his mother. Waiti Hori consented to this.
Ordered in favour of the undermentioned persons viz –
Tungane Hori – f, 1/3 Waiti Hori Haera – f, 1/3 Hori Haera – m, 20 years, 1/3 Paranihia Hori – f, 1/3
Waiti Hori Haera appointed trustee for Hori Haera. Order 5/ - paid.
No. 12 – Pukokomuka
Application to succeed to Hori Herehere
Same order – 5/ paid
No. 19 – Tahoraiti No. 2
Application to succeed to Hori Herehere
Same order – 5/ paid
No. 20 – Tiratu or Manawatu 4 D
Application to succeed to Hori Herehere
Same order – 5/ paid
No. 22 – Tamaki No. 4
Application to succeed to Hori Herehere
Same order – 5/ paid
No. 23 – Waikopiro
Application to succeed to Hori Herehere
Adjourned to Wellington to ascertain if deceased was an owner.
No. 13 – Tahoraiti No. 1K
Application to succeed to Ihipera Paewai
Eperata Takana - applicant called and sworn. Deceased died at Tahoraiti, 10th December 1900 left no issue. Her nearest of kin are
Nanahi Paewai, Rora Wirihana, Akuira Paewai, Hapukuku Paewai, Rutu Paewai, Wmaraima Paewai, Eperata Takana.
The deceased had 2 foster children one child called Maki Takana and the other Te Uira Akuira. These children were adopted by Ihipera Paewai when children and lived with her up to her death. Maki Takana is 12 years old and Te Uira Akuira is 6 years old. These persons were the children of her brother and sister. Viz
Akuira Paewai, Eperata Takana
All the other members of the family who were present stated that they had no objection to the adopted children being appointed to succeed to Ihipera Paewai.
Ordered in favour of Maki Takana – f, 12 years old, Te Uira Akuira – f, 6 years old.
Aparata Takana appointed trustee for Maki Takana.
Akuira Paewai appointed Trustee for Te Uira Akuira.
No. 14 – Tahoraiti No. 2
Application to succeed to Ihipera Paewai or Hipera Wharekiri
Same order – 5/ paid
No. 21 – Tiratu or Manawatu 4D
Application to succeed to Ihipera Paewai or Hipora Paewai
Same order – 5/ paid
One application omitted if notified consent to Maki Takana and Te Uira Akuira being appointed.
No. 25 – Omahu
Application to succeed to Mata Kaniera - application adjourned - name cannot be found as an owner.
No. 26 – Pukokomuka
Application to succeed to Mata Raniera
Hare Pine applicant – appeared - sworn – deceased had no issue
Left one brother, can trace relationship. The reason I applied was because I am uncle on the mothers’ side to the deceased.
Ordered in favour of Te Ao Turoa Raniera of Tahoraiti – 2/ paid, 5/ paid.
No. 27 – Tahoraiti No. 1H
Application to succeed to Mata Raniera or Matariri Raniera
Hare Pine applicant, same evidence, same order – 5/ paid.
No. 29 – Tamaki No. 5
Application to succeed to Mata Raniera
Hare Pine applicant, same order, same evidence – 5/ paid.
No. 30 – Manawatu 4 D or Tiratu
Application to succeed to Mata Raniera
Hare Pine applicant, same evidence, same order – 5/ paid.
No. 16 – Tahoraiti No. 2
Application to succeed to Hoani Kerei
Ramarihi Hoani applicant, called and sworn, date of deceased’s death not actually known supposed to have died 6th August 1880, left 3 children viz – Hoani Whaitiri – m, 19years old, Paata Whaitiri – m 17 years old, Tangihaere Whaitiri – m, 15years old
Ordered in favour of above - Ramarahi Hoani appointed trustee (of Tahoraiti).
No. 18 – Tahoraiti No. 2
Application to succeed to Karauria Kuekue
Hoani Whaitiri and others applicants. Previously ordered – Dismissed
No. 17 – Tahoraiti No. 2
Application to succeed to Mamana Ngungu or Ratima Namana
Hoani Whaitiri and others applicants
Deceased died at Tahoraiti 29 October 1899, left issue, 3 children viz – Kirihitini Ratima – f, Te Hori Ratima – m, 9 years old, Ani Ratima – f, 6 years old
Ordered in favour of Kirihitini Ratima appointed trustee - 5/ paid.
No. 15 – Tahoraiti No. 2
Application to succeed to Patima Namana – Dismissed duplicate
No. 1 – Moteo te Hapu ate Pirau Nos. 3 and 3A
1900/264 A, lease Hiha Ngarangione to F. Higgins
Mr. A. L. D. Fraser for – 115 acres, rent £50, - fair rent.
Lessor has an interest in land at Wharangi, Moteo, Tuhirangi.
Sufficient for use and maintenance. Confirmation granted.
No. 2 – Moteo te Hapu ate Pirau No. 5
1900/265, lease Hohepa Umurangi and another to trustees for Meretini and others to F. Higgins.
Mr A. L. D. Fraser for lessee. Own land at Tuhirangi, Wharangi, Moteo, also other land as well. Have sufficient for their use and maintenance. 2 of the original owners are dead.
Ahere Hohepa has not yet signed but is willing to do so. Is satisfied with terms of the lease and has sufficient other land. Lease handed to Mr Fraser to obtain signature. Ordered that deed be confirmed.
No. 3 (lease 1900/266) – Te Aute 6 B – Ekengarangi Hapuku and another to Tom Davey
Adjourned to Wellington.
No. 4 – Waikopiro B No. 12
Transfer 1900/309, Te Atua Rahui to J. J. McNeil Boyd
Mr. A. L. D. Fraser for purchaser. Vendor present and exd.
Was satisfied with transaction price had not been paid. Had sufficient other land. Was willing that deed be confirmed on payment of purchase money. Mr. Fraser informed the court that he would pay the vendor after the adjournment.
Ordered that confirmation be granted on payment of purchase money.
No. 5 – Waikopiro B No. 13
Transfer 1900/310, Renata Ropiha trustee for Ieni Rahui to J. J. McNeil Boyd,
Mr. A. L. D. Fraser for purchaser.
Consideration £176:10:0 amount to be paid to the public trustee, the land having been sold by Renata Ropiha as trustee.
Mr. Fraser stated that he had been informed that Ieni Rahui was over twentyone and asked if it was necessary that the consideration should be paid to the public trustee under the circumstances. The court pointed out that if it was satisfactorily proved that Iene Rahui was of age that the money could be paid to her direct, after it was lodged with the public trustee.
Iene stated that he was now living at Motuiti near Foxton and that the nearest Post Office was Foxton. He had sufficient other land for his use and maintenance in Porangahau and other lands in Hawkes Bay. Asked that the transaction be confirmed.
Ordered that confirmation be granted subject to payment to the public trustee.
Te Atua Rahui informed the court that his father had informed him that he was born in 1879. His mother informed the court that Atua Rahui was 23 years old.
The court stated that it would make further inquiries about the matter.
No. 6 – Karamu
Application to succeed to Mere Taki
Tangatako Hapuku applicant
Otene Meihana stated that he objected to Tangatake Hapuku applying for succession to Mere Taki. The reason why I object is that the land is restricted by the Karamu Reserves Act 1889. The Ohaki of our father (papa) over the Karamu and other land, it was through Meihana Takahi’s will that Mere Taki became entitled to these lands.
Mr. Fraser informed the court that Tangatake Hapuku was the husband of Mere Taki. She had a child who died and she afterwards adopted the child of Heni Rapihana Aomaikirangi. She adopted the child before it was born. When the child was born it was taken by Mere Taki. When Mere Taki was taken ill in September last Matene Peterson was sent for. Mere Taki told him that should there be any doubt that the adopted child would succeed to her that she would like to make a will. She directed Peterson to make a will, and after it was prepared he asked her to sign it, but she declined to do so, this was Saturday and Mere wanted Mr. McLeod to attest it. It was not signed and she died before it could be executed.
A cottage and a piece of land in Hastings was included in the will. This cottage was mortgaged and the mortgage wants to foreclose.
Iritaua Maimatao asked me to allow her to share in Mere Taki’s land. Not fifty acres in all.
No. 105 Queen Street, Hastings mortgaged for £150. 1 ½ years interest about £12.
Karamu – 17 acres R – 8 acres Matahiwi – 6 acres
Date of death 8 September 1900.
Tangatake Hapuku called and sworn
We had one child Hinetauaraia, a girl who died at the age of seven.
Ka noho pouri maua mo ta maua tamaiti. Te Rapihana and his wife Heni Petera Waikahori came from the Wairoa to our place. The wife was pregnant. They stopped all night at our house. Mere said to Te Rapihana and Heni I will take their unborn child and if it is born alive she would name it Hinetauaraia. She did so to fise the childs name in case the parties should give it a name of their own.
The parents agreed and when the child was born near Poukawa at Te Ipuotaria. When the child was born its eyes were defective the same as our child crosseyed.
Mere Taki took the child away from the mother and reared it on milk, the child lived ever afterwards with Mere Taki.
Everyone knew the child had been adopted by us.
Mere Taki wanted to send for some one to make her will just before she died. Timoti Tomoana went to fetch Meihana. A message was sent by him to fetch some one to fetch a person to make the will. I tried to get him back but was too far off and Mere asked me to fetch some one.
I met Timoti and told him what Mere wanted and told him that I was on my way to fetch someone. I went to Heretaunga and met Matene Peterson. I asked him if he saw Taiaroa and I told him that Mere wanted a will made. Matene said that he could make a will. I consented that he should do so as I was anxious to get back to Mere. Self and Matene then returned to our place.
Mere Taki has desired the land that she desire to dispose of. Te Karamu, Puringa, Rotopounamu, Kakaumokai, Matahiwi and the same at Heretaunga. It was not to include the Karamu because it was thought to be effected by the Act. Matene prepared the will. It was a Friday when it was made. On the Saturday, said to Timoti Tomoana that he should go as a witness but he declined to do so because he did not want to be mixed up with the matter. I told Mere that Timoti would not sign. She asked the reason and I told her. She said e pai ana, fetch McLeod a J.P to attest her signature. Mere did not sign the will. Matene returned to Napier and remained there till Sunday. On Monday I went to Heretaunga to see Matene but did not see him as I got back Mere was very ill and died at 10 pm.
When Mere was dead, Matene came back on the Tuesday.
Iritana Whaimatao
We had an adopted child before this one, Para Tangatake. We adopted Para before we had children. Para left us and married Tangatake has gone to his parents. Mere also went to her matua’s.
We returned Tangatake to his own parents. Naku te take I riro mai ai.
Te Rapihana was a teina to me the father of Hinetauaraia. Te Pohuku was a tamaiti whangai of mine.
Mere told you that she would make a will in favour of Hinetauaraia in case you took the land. The reason why the will was not read to everyone was because it was known.
A reason why I did not panui it was because it was not signed. Another was because everyone knew.
Mr. Fraser – no questions
Matene Peterson – sworn
I know the document. Mere Taki told me to write the will. After it was written I read it out to a number ofpersons.
I have known the child for a long time.
Xed by Iritana
It was Mere who told me to write the will. It was in the evening of Friday I wrote the will.
On the Saturday I read it to Urupene and others.
Iritana Te Waimatao – sworn
On the Sunday after the will was written I went to Tangatakes Rainga. A relative of Mere’s went to see her.
Mere asked me to send for Eruera. I returned to my own home and returned on the Monday.
Mere called to me and asked if I had heard about the making of a will. I said that I did not hear of it.
Matene was not from Te Waipatu. Mere said that if she wanted to make a will she would have got a lawyer to do it. I said to her that if she had done it, it was good, but as she had objected to it, it was good.
Ruri Paho arrived at the time I was talking to Mere. I told her that her brother had come. I went to the kitchen and went back to see her and she went away because I did not fetch her. I went to Pakowhai and she died before I got back.
Mere had been ill for a long time. Why did she not write the document then? She desired to be buried at Pakowhai.
Ka nui te manaaki o Mere I te tamaiti. There is another tamaiti At times self and Mere were.
Te Pohuku was another tamaiti whangai. Maera was another tamaiti whangai. She made no difference in her conduct to any of them all alike to her. Maera was only a young girl when she was fetched by Mere.
Te Matahoro, I can’t say whether Puhana’s wife and Mere asked me about the will. The kitchen was close to the other room.
Tangatake Xed
Maera was a young girl when I fetched her to take care of Hinetauaraia.
Maera was only willing to take care of Hinetauaraia. Pohuka was a child of Hepiri my sister. She was going to Tauranga. The child was 2 years old. She looked upon Pohuka as a tamaiti whangai nona. Te Pohuka was to be left for me to look after. It was before the will was made that this was arranged. Mere did not like either Otene or Iritana.
Iritana Xed
The reason why Mere was taken to Pakowhai was to be near the tohunga. Maera and Pohuka are both with me since Mere died.
Court adjourned till the 4th instant.
Tamaki No. 5
February / 97 Hoana – 15, Pahata – 14, Tangihaere – 10 End May/01
Pahata Mohaitiri -i £85.14.3 – 19th April paid £10.0.0 – balance of £75.14.3
Hoana’s share - £85.14.3 – paid £10.0.0 – balance of £75.14.3
Tangihaere - £85.14.3 – paid £0.0.0 – balance of £75.14.3
Dannevirke
Personal Estate of – Mere Taki
1 quarter acre section (No. 105 Queen Street, Hastings) with house thereon present value of property about £400.
Other property : 1 horse, 1 buggy, 1 set harness, 2 cows, 1 calf, 1 canoe (waka) 1 bedstead and bed, 2 boxes, 1 pounamu (ear ring).
